Chase v. Christianson
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. In the action to recover the street assessment, the complaint was filed December 30th, 1864. The plaintiff in his complaint asked for judgment against the lot, and that a decree be made for the sale of the lot, and that all persons claiming subsequent to the date of the warrant be barred and foreclosed of all equity of redemption.
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Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. In the action to recover the street assessment, the complaint was filed December 30th, 1864. The plaintiff in his complaint asked for judgment against the lot, and that a decree be made for the sale of the lot, and that all persons claiming subsequent to the date of the warrant be barred and foreclosed of all equity of redemption. There was no claim for a personal judgment against the defendants. Judgment was rendered December 23d, 1865, and it contained the following clause: “And it is…
1Opinion of the Court
By the Court, Wallace, J.:
The motion made by Murdoch to set aside the execution and to perpetually stay all other proceedings upon the personal judgment against him, was correctly denied.
The motion proceeded upon the assumed ground that the judgment itself was not merely erroneous, but was utterly void—so much waste paper—and to be treated as a mere nullity whenever and however assailed.
The subject, matter of the action was a claim asserted by the plaintiffs for stre’et work in San Francisco, and which was alleged in their complaint to have been assessed upon a certain city lot, of which…
2Cases cited1 opinion
- Murdock v. De VriesCalifornia Supreme Court · 1869
3Cited by17 opinions
- Cohen v. CohenCalifornia Supreme Court · 1906
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- State v. District Court of Eighth Jud. Dist.Wyoming Supreme Court · 1925
- Dahlgren v. Superior CourtCalifornia Court of Appeal · 1908
- Hogan v. HorsfallCalifornia Court of Appeal · 1928
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